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WISSER CO., INC. v. MOBIL OIL CORP.

No. 583, Docket 83-7713.

730 F.2d 54 (1984)

The WISSER COMPANY, INC., Plaintiff-Appellant, v. MOBIL OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 1, 1984.

Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., Mineola, N.Y., for defendant-appellee.

Jacob E. Heller, New York City, for plaintiff-appellant.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and KEARSE, Circuit Judges.

FEINBERG, Chief Judge.

The questions before us are whether termination of a gasoline station franchise pursuant to sections 102(b)(2)(A) and 102(b)(2)(C) of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. § 2801 et seq., requires notice and an opportunity to cure before notice of termination can be given, and whether on the facts of this case a forthwith termination was unreasonable. For reasons given below, we believe that the answer to both questions...

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